Question 1

The New York State Senate has 63 districts and members. Currently, new Senate districts can be added through the redistricting process, which can be used to benefit political parties. This ballot proposal would amend the New York State Constitution to freeze the number of State Senators at 63.

This amendment sets requirements in the State Constitution for how people will be counted in the Census for redistricting purposes. It requires that prisoners be counted at their prior home address instead of their place of incarceration. It also requires counting every person living in New York State as part of the total population, regardless of citizenship status. Both requirements have been used in the past in New York State, but this amendment writes them into the State Constitution.

Redistricting for New York State is led by the ten-member Independent Redistricting Commission, which includes four Democrats, four Republicans, and two members who are not aligned with either party. These members are selected by the majority and minority leaders from the State Senate and Assembly—currently members of the Democratic and Republican parties, respectively. The Commission also includes two Co-Executive Directors. Currently, one Co-Executive Director must be a registered Democrat and the other a registered Republican.

To approve a redistricting plan, seven members of the Commission must vote to support it, one of whom must be from a different political party than the others. Once approved, their plan is sent to the State Legislature for final approval. The number of votes required for the legislature to approve the Commission’s plan is different depending on whether one party controls the legislature or if it is divided.

This proposal would amend the New York State Constitution so that seven members of the Commission can approve their plan, regardless of who appointed them. It would then require a simple majority in the State Legislature to approve the Commission’s plan, regardless of who controls the legislature. If the Commission fails to approve a plan, then the plan that receives the most votes would go to the legislature for consideration. It would then require 60% support in the legislature for it to pass. This proposal would also allow the Commission to appoint two Co-Executive Directors, regardless of their political party, by a simple majority vote.

Currently, the Independent Redistricting Commission is required to submit their first plan to the legislature by January 15th, 2022. Now that primary elections are held in June instead of September, there is less time to finalize district lines before the next election. This proposal would require the Commission to submit their first plan to the legislature by January 1st, 2022, and then by November 15th starting in 2031.